Angraz Singh And Others @APPELLANT@Hash Railma Devi And Others

Heard learned counsel for the petitioners.

In this petition under Section 561-A Cr.P.C. petitioners seek quashing of complaint under sections 494, 497 and 109 RPC filed by respondent No. 1

against them, one Shakuntla Devi, who is the daughter of petitioners 3 and 4, and Pappu Ram in the court of learned Judicial Magistrate, Bani.Â

The respondent No. 1 has alleged in her complaint that she is legally wedded wife of accused-Pappu Ram and their marriage subsists. She has alleged

further that during subsistence of their marriage, accused-Pappu Ram has solemnized 2nd marriage with accused-Shakuntla Devi and has thereby

committed offence punishable under sections 494 and 497 RPC. She has alleged also that the other accused have abetted this marriage.Â

Record on the file of the learned Magistrate would show that the learned Magistrate on taking cognizance on the complaint filed by respondent No.1

recorded the preliminary statement of respondent No.1 (complainant) and her father Raghunath on 01.09.2014 and ordered investigation in terms of

Section 202 Cr.P.C. by SHO, Police Station, Bani. The SHO Police Station, Bani after investigation submitted his report along with all papers relating

to inquiry including the statements of the witnesses recorded by him to the learned Magistrate.Â

On consideration of the report of the SHO, learned Magistrate by virtue of order dated 29.11.2014 recorded his opinion “that there is enough

material and scope to proceed against the accused†and directed the complainant to furnish a list of witnesses afresh and produce evidence on the

next date and further directed the office to issue notice to the accused. Petitioners appeared before the court of the learned Magistrate. It may be

stated that on receiving the report of the inquiry or investigation conducted in terms of Section 202 Cr.P.C. the Magistrate may either dismiss the

complaint if to his judgment there is no sufficient ground for proceeding in the matter or may issue process against the accused if in his opinion there is

sufficient ground for proceeding against them. If the offence for commission whereof the learned Magistrate proceeds in the matter is exclusively

triable by the court of Sessions, learned Magistrate after securing the presence of the accused/accused persons is required to commit the case to the

Sessions Judge.Â

In this case, the learned Magistrate after recording his satisfaction has issued process against all the accused and has at the same time directed the

complainant to lead evidence.  Â

The SHO Police Station, Bani in his report has confirmed that accused Pappu Ram has solemnized marriage with accused Shukantala Devi. It being

so contention of respondent No. 1(complainant) that the said marriage has taken place during the subsistence of her marriage with Pappu Ram and

her allegation that the other accused, herein petitioners, who are family members of Pappu Ram and Shakuntala Devi, are responsible for arranging

this marriage cannot be rejected in a petition under section 561-A Cr.P.C. Learned Magistrate cannot be said to have committed any error in taking

the view that there was enough material and scope for proceeding against the persons. Nonetheless, a small error has been committed by the learned

Magistrate by asking the respondent No. 1 (complainant) by virtue of his order dated 29.11.2014 to furnish a list of witnesses afresh and produce

evidence in the complaint for the reason that offence under section 494 RPC is exclusively triable by the court of Sessions and the next step to be

taken by the learned Magistrate is to commit the case to the Sessions Judge for trial, after effecting service of all the accused. Learned Magistrate

does not have to record any evidence or to try the case himself. Â

Viewed thus, this petition is dismissedinsofar as it seeks quashing of the complaint and the process issued by the learned Magistrate. Nonetheless,

proceedings insofar as the complainant has been asked to lead evidence are quashed and the learned Magistrate is directed to commit the case to the

court of Sessions after effecting service of all the accused.Â

Disposed of.Â